From Prison Legal News/ by David M. Reutter
Punishments intended to shame offenders for wrongdoing, popular throughout history, are once again on the rise – particularly as penalties imposed by judges who enjoy seeing their names in the newspaper or on television due to their “creative” sentencing practices.
Whether judges hand down sentences that humiliate defendants for the purpose of entertainment, self-aggrandizement or as a unique way of deterring crime with a “punishment that fits” is subject to debate. The only certainty is that most sanctions designed to shame offenders are legal, so long as judges do not go too far.
Shaming criminals has long been an integral part of America’s criminal justice system, and public whipping and the stocks were commonly used in Puritan and colonial times. During that era, imprisonment was reserved for debtors and those awaiting trial; upon conviction, a judge could order an offender to be executed, flogged, banished or shamed. (more…)